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Luzerne County prosecutors challenge appeal by Helen Galli

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Lottery Numbers for Monday, Feb. 29

<p>PLAINS TWP. &#8212; Lindsay Rowan doesn&#8217;t live in Plains Township, but she attended Monday night&#8217;s special hearing of the zoning board because she said it was the right thing to do.</p><p>Rowan and about 100 other residents gathered to hear testimony regarding the application for a variance by Stell Enterprises, which many said they feared would adversely impact Larry O&#8217;Malia&#8217;s Farm and Green House &#8212; a community staple for over 50 years.</p><p>The business wants to use 5 acres of a 7.5-acre parcel of land adjacent to O&#8217;Mailia&#8217;s property to excavate topsoil, a use precluded by the township&#8217;s zoning ordinance.</p><p>Jack Dean, an attorney for Stell Enterprises, questioned engineer George Albert, who said the that to comply with the directives of the ordinance would put an undue hardship on Stell Enterprises, one which they did not create.</p><p>Several members of the zoning board said it seemed that Stell had created the hardship when they bought the property, knowing that they could not use it for excavation without a variance.</p><p>Albert provided the board with a great deal of information, indicating that although the ordinance requires excavating operations to have a 500-foot setback from the property line, a 29-foot setback from O&#8217;Malia&#8217;s property would prevent the activities of the business from adversely affecting the farm.</p><p>An attendee, who said he was familiar with the area, said the property had been previously used as a burial ground.</p><p>Allowed to cross-examine Albert, he asked, &#8220;how will you deal with the fact that the property might have been a burial ground.&#8221;</p><p>Albert replied, &#8220;I don&#8217;t know.&#8221;</p><p>Albert said that, should the Susquehanna River flood, use of the Stell property for excavation would not adversely affect O&#8217;Malia&#8217;s.</p><p>&#8220;The water would run in the other direction,&#8221; he said. &#8220;The river doesn&#8217;t flash flood; we would have opportunity to mitigate any risk to the adjacent property in the case of a significant flood.&#8221;</p><p>William Higgs, attorney for O&#8217;Malia&#8217;s, challenged Stell Enterprise&#8217;s assertion that topsoil removed would be replaced with clean fill.</p><p>&#8220;Is there a certification guaranteeing clean fill?&#8221; he asked.</p><p>John Varaly, planning consultant, also testified as a witness for Stell Enterprises.</p><p>Varaly said the directives of the zoning ordinance, first drafted in 1998, had been very strict in order to provide opportunity for the zoning board to review each case.</p><p>&#8220;Over half of Plains Township is deemed a conservation district,&#8221; he said, indicating that variances were necessary to make use of the land.</p><p>Monday&#8217;s hearing was continued to March 21 at 7 p.m. at which time a representative from Stell enterprises will testify.</p><p>Residents also will be provided time to address the board, with many attendees hoping to speak for O&#8217;Malia.</p><p>&#8220;I&#8217;m coming back,&#8221; said Rowan, a Kingston resident and customer at O&#8217;Malia&#8217;s. &#8220;I&#8217;m not shy when it comes to helping people get justice.&#8221;</p><style>
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<div class="neCaption">Larry O'Malia of O'Malia's Greenhouses in Plains Township stands near his family's land where they farm. Adjacent to his property is land formerly owned by a cousin Marty O'Malia. The new owner wants to strip the top soil off the land but can't do so without the required permits. O'Malia is a afraid stripping the top soil off the adjacent property will endanger his farming. (Pete G. Wilcox|Times Leader) </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2016/02/web1_omalia_toned-3.jpg</photo0><caption0>Larry O'Malia of O'Malia's Greenhouses in Plains Township stands near his family's land where they farm. Adjacent to his property is land formerly owned by a cousin Marty O'Malia. The new owner wants to strip the top soil off the land but can't do so without the required permits. O'Malia is a afraid stripping the top soil off the adjacent property will endanger his farming. (Pete G. Wilcox|Times Leader) </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Geri Gibbons</p><p>ggibbons@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Geri Gibbons at 570-991-6117 or on Twitter @TLGGibbons.</p></shirttailMeta></div>

Testimony began at zoning hearing on property next to O’Malia farm in Plains Township